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Cannabis Swag Regulations: What You Need to Know

May 13th 2019

Cannabis Swag Regulations: What You Need to Know

In 2018, the legal marijuana industry grew to $10.4 billion dollars in the US. That’s pretty impressive considering brands and dispensaries are severely limited when it comes to advertising and marketing.

Need Some Cannabis Merchandise? hbspt.cta.load(19901571, '9c604526-6fe9-400c-9096-fa63c2afbdfc', {"useNewLoader":"true","region":"na1"});

Businesses aren’t able to advertise online, send direct mail, advertise on tv or radio, use signage that’s too big… the list goes on and on. And to complicate the issue further, as the industry continues to grow, both state and federal laws are constantly changing.

With all the restrictions on traditional marketing tactics, many businesses have turned to branded merchandise as a creative way to advertise. But even that widely accepted strategy has a few state-level regulations.

To put it simply, the struggle is real when it comes to promoting cannabis brands.

So to help you out, we’ve created a state-by-state list of regulations concerning cannabis merchandise. Take a read and make sure you’re in compliance before you order another round of branded buttons or t-shirts.

Cannabis Swag Regulations

Alabama

STATUS: Marijuana Legalized for Medicinal Use

SWAG RESTRICTIONS: 

  •  No specific restrictions on advertising and marketing of cannabis products. 
  • Cannabis accessories remain illegal. 
    source: lexology.com

  • Alaska

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • No marketing that appeals to anyone under the age of 21
    • No promotional activities or giveaways outside of the licensed premises

  • Your advertising cannot promote excessive use.
    source: ingnitedigital.com
  • source: leafly.com


    Arizona

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • Marijuana and marijuana-related product advertising may still be restricted.


    Arkansas

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • Cultivators are completely banned from advertising or marketing their cannabis products
    • Dispensaries can utilize advertising and marketing, but nothing that appeals to anyone under the age of 21
    source: mjbizdaily.com


    California

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • No marketing that appeals to anyone under the age of 21

  • Giveaways related to cannabis is not allowed
    source: marijuanatimes.org
  • source: leginfo.legislature.ca.gov


    Colorado

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:

    • No marketing that appeals to anyone under the age of 21
    source: leafly.com


    Connecticut

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • No marketing that appeals to anyone under the age of 21
    • No marketing that depicts marijuana usage for anything beyond medical purposes
    • No swag giveaways as a reward to patients, primary caregivers or physicians.
    source: leafly.com


    District of Columbia

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • Advertising restrictions, but no restrictions on cannabis promotional items.


    Delaware

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • Advertising restrictions, but no restrictions on cannabis promotional products.


    Florida

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • Advertising restrictions, but no restrictions on cannabis swag.


    Georgia

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • No marketing of any kind is allowed


    Hawaii

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • Advertising restrictions, but no restrictions on cannabis promotional items.


    Idaho

    STATUS: Marijuana Fully Illegal


    Illinois

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • No marketing that appeals to those under 21

  • Bans ads that depict the consumption of cannabis
    source: chicagotribune.com

  • Indiana

    STATUS: Marijuana Fully Illegal 


    Iowa

    STATUS: Marijuana Fully Illegal


    Kansas

    STATUS: Marijuana Fully Illegal


    Kentucky

    STATUS: Marijuana Fully Illegal


    Louisiana

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • None


    Maine

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • No marketing that appeals to anyone under the age of 21


    Maryland

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • None


    Massachusetts

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • No swag allowed. Dispensaries may not produce any items for sale or promotional gifts, such as T-shirts, novelty items or cannabis stickers, bearing a symbol of or references to marijuana or MIPs, including the logo of the Registered Marijuana Dispensary (RMD).
    source: leafly.com


    Michigan

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • None


    Minnesota

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • None


    Mississippi

    STATUS: Marijuana Fully Illegal


    Missouri

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • None, but it might change. Missouri lawmakers are currently discussing regulations.
    source: cannabisbusinesstimes.com

    Montana

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • All marijuana or marijuana-related product advertising is restricted


    Nebraska

    STATUS: Marijuana Fully Illegal


    Nevada

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • No marketing that appeals to anyone under the age of 21
    • Designers shall avoid using marijuana slang such as bud, pot, weed, grass, joint, doobie, 420
    source: leafly.com


    New Hampshire

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • Advertising restrictions, but no restrictions on cannabis promotional products.
    source: leafly.com


    New Jersey

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • No designs bearing a symbol or reference to marijuana leaves or slang terms

  •  No marketing that appeals to anyone under 21
  • source: state.nj.us


    New Mexico

    STATUS: Marijuana Legalized for Medicinal Use (Recreational will be legalized starting 2022)
    SWAG RESTRICTIONS:
    • Marketing restrictions unknown at this time


    New York

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • No marketing that appeals to anyone under the age of 21
    • No marketing that depicts marijuana usage for anything beyond medical purposes
    • No swag giveaways as a reward to patients, primary caregivers or physicians.
    • Promotional, advertising and marketing materials have to be approved by the Department prior to their use
    source: leafly.com


    North Carolina

    STATUS: Marijuana Fully Illegal


    North Dakota

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • No designs bearing a symbol or reference to marijuana leaves or slang terms
    source: marijuanapackaginglaws.com


    Ohio

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • Distribution of branded merchandise is banned

    source: codes.ohio.gov


    Oklahoma

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • None, but it might change. Lawmakers are currently reviewing new regulations, so rules may change soon. The proposed bill is likely to pass, so Oklahoma dispensary will soon not be able to create marketing that appeals to anyone under the age of 21

    source: mjbizdaily.com


    Oregon

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • No marketing that appeals to anyone under the age of 21


    Pennsylvania

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • Promotional, advertising and marketing materials have to be approved by the Department prior to their use
    source: pacode.com


    Rhode Island

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • None
    source: foottraffik.co


    South Carolina

    STATUS: Marijuana Fully Illegal


    South Dakota

    STATUS: Marijuana in process of becoming legalized for recreational use.

    SWAG RESTRICTIONS:
    • Restrictions may come into effect as law changes


    Tennessee

    STATUS: Marijuana Fully Illegal


    Texas

    STATUS: Marijuana Legalized for Medicinal Use


    Utah

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • Medical cannabis pharmacies cannot give out merch or freebies

  •  Can not create any marketing for a specific product
  • Vermont

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • None


    Virginia

    STATUS: Marijuana Legalized for Medicinal Use

    SWAG RESTRICTIONS:
    • All marijuana or marijuana-related product advertising is restricted

    source: law.lis.virginia.gov


    Washington

    STATUS: Marijuana Legalized for Recreational Use
    SWAG RESTRICTIONS:
    • Distribution of branded merchandise is banned

  • No giveaways allowed
  • source: leafly.com


    West Virginia

    STATUS: Marijuana Legalized for Medicinal Use
    SWAG RESTRICTIONS:
    • None, but it might change. Patient cards won’t be lawfully distributed until July 2019, so restrictions may change as the program evolves.
    source: wvlegislature.gov


    Wisconsin

    STATUS: Marijuana Legalized for Medicinal Use


    Wyoming

    STATUS: Marijuana Fully Illegal

    Most of the state level regulations simply prohibit marketing to teens and children. In that regard, the cannabis merch restrictions are very similar to those placed on alcohol and tobacco. Others get more specific and restrict the type of imagery that is allowed, essentially banning any merchandise related to stoner culture.

    But for Washington and Massachusetts, two states that have legalized recreational use of marijuana, branded cannabis accessories are completely prohibited. These type of strict regulations make it very hard for brands to differentiate themselves from their competition. But as the industry grows and evolves, these regulations are likely to change. In the future, cannabis branding and merchandise might become as omnipresent as Starbucks and Nike.

    Now that you know all the rules, it’s time to get your branded  cannabis merchandise.

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